Concussion at Work – A Guide to Claiming Compensation

While some concussion injuries can be short-lived affairs, others can be far more serious and result in long-term suffering. Therefore, you’d be well within your rights to sue your employer if their negligence has caused you to suffer. This guide about claiming compensation for concussion at work claims will explore how concussion claims work and how much compensation might be awarded.

You can call our team for free advice about how to claim concussion compensation. In a no-obligation consultation, we’ll review your case and answer any questions you might have. If your claim appears to be feasible, we could appoint an accident-at-work solicitor to provide you with legal representation. Additionally, any concussion injury claims they take on will be processed on a No Win, No Fee basis.

To find out more about your options you can:

• Call 0333 241 2519 right away.
• Connect to our live chat service.

Seeking legal advice promptly after a concussion at work can significantly increase the chances of being compensated for any pain, suffering, and financial losses you’ve experienced because of injury.

What Is a Concussion Injury?

The NHS website states that a concussion is a temporary brain injury. It can result in loss of mental function and is usually caused by a traumatic blow to the head.

Some of the main symptoms of a concussion injury include:

• Confusion i.e. a blank expression, delayed response or being unaware of your surroundings.
• Dizziness or loss of balance.
• Blurred or double vision and seeing flashing lights.
• Headache.
• Memory problems.
• Nausea.
• Feeling dazed or stunned.

In more serious cases, concussions can result in slurred speech, loss of consciousness, behaviour changes and unusual emotional responses.

While some concussion injury symptoms ease quite quickly, complications following a concussion can result in long-term problems such as:

• Insomnia.
• Personality changes.
• Cognitive impairment.
• Irritability.
• Persistent headaches.
• Depression.
• Blurred vision.
• Aggression.

If you are worried that you’ve suffered a concussion at work, you should seek medical attention at a GP surgery, minor injuries unit or A&E.

Can I Claim Compensation for Concussion at Work?

Due to the Health and Safety at Work etc. Act 1974, employers need to take practical preventative measures to stop accidents at work from happening. For instance, they could provide hard hats to prevent head injuries at work or they could ensure a stock room is free from clutter and other trip hazards.

As such, you may have grounds to start a concussion claim if you can demonstrate that:

• You were owed a duty of care at the time of your workplace accident; and
• Your accident occurred in the last three years because of your employer’s negligence; and
• Your concussion injury can be linked directly to that negligence.

If you suspect that you are entitled to claim for a work-related concussion, call our legal advisors now to discuss your case.

What Types of Negligence Can Lead to Concussion at Work?

Some examples of how concussion at work can occur due to a negligent employer include:

• Where poorly stacked products fell from height and struck you on the head whilst working in a warehouse.
• If you were struck by debris flying from an industrial machine because a safety guard had been removed.
• If you were punched in the face by an aggressive customer because the pub you were working in had insufficient security staff.
• Where you fell from a cherry picker and banged your head because you had not been given a safety harness by your employer.
• Where you dropped an item on your head because you’d not been given adequate manual handling training.
• If you tripped and fell over a cable laid across a corridor and banged your head during the fall.
• Where you were told to get back to work after banging your head at work and you had another accident because your concussion left you off balance.

These are just a few examples of work-related accidents that could result in concussion claims. If you’ve been injured in any other way, please let us know and we’ll assess your claim for free.

What Should I Do If I’ve Sustained Concussion in the Workplace?

If you’ve sustained concussion in an accident at work, you should:

• Visit A&E or your GP to be checked over.
• Inform your employer about the accident when you get a chance to do so.
• Ensure that details about the incident are logged in the company’s accident report book.

Taking these steps can help you to recover sooner and they could help your employer to stop similar accidents occurring in the future. Also, they could provide some of the evidence you’ll need to strengthen any subsequent concussion injury claim.

What Evidence Can Be Used for Concussion Injury Claims?

You will need to submit supporting evidence to prove why an accident at work left you concussed and why your employer is liable. This might include:

• Photographs of any cuts, bruises, swelling or any other visible symptoms of your head injury at work.
• Your copy of the accident report form about your accident.
• Medical records to prove that you’ve been diagnosed with a concussion.
• Information about anybody who saw your accident so that witness statements can be collected if needed.
• CCTV footage of your accident if available.

If you’d like us to check any evidence you’ve collected to support a concussion claim, please call our legal advisors now.

How Long Do I Have to Claim Concussion at Work Compensation?

You generally have three years from the date of the accident that caused the concussion to claim compensation. This time limit is established under the Limitation Act 1980. It applies to most personal injury claims, including those for concussion injuries sustained at work.

However, if the injured person lacks the mental capacity to manage their own affairs and a claim, the time limit may not apply until (and if) they regain capacity.

Another point of note is if you were not aware of the injury or its severity at the time of the accident, the three-year period might start from the date you became aware of it (the “date of knowledge”).

Because the process can be complex, and the implications of a concussion can sometimes be underestimated initially, we would suggest that it’s far better to start the claims process sooner rather than later. That should also mean you won’t miss out on being compensated because your claim was filed too late.

How Much Compensation Do You Get for a Concussion at Work?

If you are compensated for a concussion at work, your payout will be formed of two heads of loss. The first is called general damages. It covers any emotional and physical suffering you’ve endured. You could also receive damages for any impact your concussion has on social and family events or your usual hobbies.

To ascertain the extent of your suffering, your solicitor will often start by reviewing your medical records. Additionally, they might ask you to attend a meeting with an independent medical specialist. This will allow for your injuries and their impact to be documented along with your prognosis.

To put a value on your claim, your solicitor will use the medical information they’ve gathered and they might review previous settlements and potential compensation brackets listed in the Judicial College Guidelines (JCG).

The concussion compensation amounts below uses JCG data but please be aware the figures listed are for guidance only.

• For minimal concussion at work with symptoms resolving within months, compensation ranges from £2,210 – £12,770.
• In cases where full recovery is anticipated but with lingering issues like memory and concentration difficulties, compensation falls between £15,320 – £43,060.
• Cases involving long-term memory and concentration issues and potential epilepsy, compensation is between £43,060 – £90,720.
• Concussions that result in slight intellectual impairments and a higher epilepsy risk can attract compensation from £90,720 – £150,110.
• Severe intellectual deficits, personality changes, and effects on speech and vision can see compensation from £150,110 – £219,070.

The second head of loss, special damages, might also be used to calculate your settlement if your concussion has led to financial losses. For instance, you might be able to claim for:

• The cost of parking, fuel and other travel expenses linked to medical appointments.
• Loss of earnings.
• Support and care costs.
• Medical expenses.
• The cost of home adaptations to make it easier to cope with any long-term concussion symptoms.

Please call our legal advisors if you’d like to know how much compensation for a concussion at work you could be awarded.

Can I Claim Concussion Compensation if I’m Not a Full-Time Employee?

It doesn’t matter what type of employee you are, if your employer breaches their health and safety obligations and you are concussed as a result, you could begin a personal injury claim.

Therefore, one of our accident-at-work solicitors could help zero-hours staff, contractors, self-employed workers, consultants, agency staff, full-time and part-time employees to begin a concussion injury claim.

Do You Need a Solicitor for Concussion Injury Claims?

Legally, there’s no requirement to find a solicitor to make a personal injury claim against your employer. That said, the claims process isn’t always easy and there’s a fair chance your employer’s insurers will contest your concussion injury claim by denying liability or reduce the amount of compensation they pay.

Instructing a solicitor to manage your case should simplify the process and it could result in you being awarded a better settlement than any initial offer you receive.

If your case is accepted by one of our work injury solicitors, their services can include:

• Manage your claim from beginning to end.
• Ensure that all paperwork is filed in the correct format and on time.
• Provide you with regular updates about your claim.
• Fight your case if it is contested to try and counter any objections raised.
• Aim to ensure that you are fully compensated for your suffering.

What’s more, all accepted concussion injury claims are managed on a No Win, No Fee basis. That means that once you’ve signed a Conditional Fee Agreement (CFA), you won’t need to pay for your solicitor’s work unless a compensation payout is received.

If that happens, a percentage of your settlement will act as your solicitor’s success fee. For your peace of mind, it’s important to point out that the maximum allowable success fee when a CFA is used is 25 per cent.

To find out whether you could make a No Win, No Fee concussion injury claim, please get in touch today.

Do Concussion Claims Go to Court?

Generally, concussion compensation claims are settled out of court. That is far more preferable to both parties because an amicable agreement means the time and costs associated with court cases can be avoided.

However, in a number of cases, solicitors could book a court hearing if:

• They have a strong belief in your right to compensation; but
• Your employer’s settlement offer is thought to be too low; or
• Your employer will not accept liability for your accident or concussion.

In these cases, your solicitor will manage everything on your behalf right up until the end of the claims process.

How Long Do Concussion Claims Take?

The processing time for concussion claims varies from case to case. The duration of your claim can be affected by factors such as the extent of your concussion, whether you are still suffering and whether liability for your accident (and injury) has been accepted by your lawyer.

Generally, if you’ve fully recovered and your employer accepts that they caused your concussion at work, you could receive concussion compensation in 4 to 5 months. For serious workplace injuries, claims may take as long as 9 months to a year (or several years).

Contacting Us About a Concussion Injury Compensation Claim

Have you decided that you’d like us to assess the validity of your concussion claim? If so, you can contact us by:

• Phoning our legal advisors on 0333 241 2519.
• Using our 24/7 live chat service.

We offer a completely free initial consultation for any type of accident at work claim. You won’t be pressured into claiming but you will receive free legal advice about how to proceed. If you decide to take legal action against your employer, it’s worth remembering that all concussion injury claims handled by our solicitors are managed on a No Win, No Fee basis.